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CICILIA KERUBO SAMWEL v. HELLEN NYABOKE OTOCHI

(2012) JELR 98174 (CA)

Court of Appeal  •  Civil Application 219 of 2011  •  22 Mar 2012  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu, Joseph Gregory Nyamu

Judgement

RULING OF THE COURT

This is an application to strike out the respondent’s Notice of Appeal dated 27th July 2011 for allegedly having been served out of time. The grounds relied on have been elaborated in the first applicant’s affidavit sworn on 5th September, 2011. On the other hand, the application is opposed vide the respondent’s affidavit in reply sworn by the respondent on 21st November 2011.

At the hearing, the applicants were represented by Mr Waiganjo Mwangi, advocate and the respondent was represented by Mr K.B. Gicheru, advocate.

The principal grounds advanced by Mr Waiganjo were that although the judgment the subject matter of the intended appeal was delivered on 15th July 2011 the notice of appeal was lodged on 27th July 2011 but served on 8th August 2011, outside the seven days prescribed in the relevant rule and that the intended appeal is not arguable. Counsel contended that because of the aforesaid reasons, the notice of appeal was incompetent.

On the other hand, Mr Gicheru…

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